Contractors cannot file mechanic’s liens on public construction projects, such as work on military bases, courthouses, or government owned buildings. Instead, the Federal Miller Act, 40 U.S.C. § 3131-3134, fills in this gap by protecting certain levels of subcontractors and material suppliers from general contractors who fail to pay them […]
Many businesses require their employees to sign non-compete agreements, as a condition of their employment. In Florida, those non-compete agreements and their enforceability are governed by Section 542.335 of the Florida Statutes. As discussed more fully below, referral sources and patient and customer lists can be legitimate business interests warranting […]
Whether you are an owner, contractor, subcontractor, or supplier, payment problems on a construction project can have dire consequences. To better protect against those payment problems, and depending on the type of construction project, Florida law gives certain persons the right to look to a payment bond when they have […]
In today’s digital world, there are many scams that fraudsters employ to steal money and information from your company. Those computer-based scams include hacking, phishing, ransom-ware, and spoofing to name only a few. The first step in protecting against these cyber crimes is to have the appropriate information technology and […]
As my high school baseball coach used to say, “proper preparation prevents poor performance.” The saying is equally applicable in preparing for any deposition. Litigation often involves depositions of witnesses, which can be fact witnesses, expert witnesses, as well as the parties’ corporate representatives. The focus of this article is […]
Under Florida law, when a party violates or “breaches” a contract, the amount of money the non-breaching party is entitled to recover depends on the types of damages allowed by law and/or the parties’ contract. As a result, it is common for contracts to exclude recovery of certain types of […]
In the past, when a homeowner needed certain roof repairs, that homeowner could not only look to a roofer to fix his or her roof, but potentially to an insurance company to pay that roofer for those repairs. This relationship was made possible through what is formally known as an […]
When litigation arises, parties to that litigation need evidence to prove their cases. In many instances, non-parties may have documentary evidence to support and/or refute the litigants’ positions in that lawsuit. But, what is a non-party’s obligation to preserve evidence and not be the subject of a claim for spoliation […]
Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. A roofer may obtain a license as a “certified contractor,” […]
Real property purchase and sale agreements often contain detailed requirements pertaining to termination, inspection, placing of deposits, and even the form in which certain notices to parties must be provided. Of course, parties to such agreements must read and understand their material terms and failing to strictly comply with material […]